S172 Offence appeal against magistrate decision

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Sat 4 Nov 2017 10:47
S172 Offence appeal against magistrate decision - Asim Warraich

Dear all, thanks for your help in advance, I am in a situation where i need your help.

I had my court hearing yesterday where i was found guilty of failing to provide driver information. Back story is, Some amount was deducted from my salary so i called my payroll department to ask about it and was informed that they were ordered by magistrate court to take that amount. So i called magistrate court and found out that back in February 2016, my vehicle was caught exceeding temporary speed limit of 50 on motorway. Letters were sent to me asking for identification of driver which i never received, so case went on trial and i was convicted in my absence. Once i had found out about all this, i had to do a statute declaration stating that i had no knowledge of this prior to September 2017 so case started from new. I hired a solicitor to deal with my case. My solicitor wrote/called police and cps numerous time asking for evidence but they could not find my file. So i went for trail with a barrister and 15 minutes prior to trial a file was handed to barrister containing all the paperwork. My barrister knew nothing about my case so i had to explain her everything in 15 minutes. We went to trial and were asked for supporting documents for due diligence defence, i could provide few documents from my email but not all the documents. So judges found me guilty for this offence. I came back home and thoroughly checked my emails and found a lot more stuff which i could have provided as evidence and felt very stupid for not having a copy of everything at that time. I partly blame this on my solicitor as well, she was way too positive that my case will be dismissed prior to trial but that didn't not turn out to be the case.

Now, my first question is, should i apply to magistrate court for reopening the case or should i go ahead to crown court?

Secondly, i had my license for 1 year and 9 months at the time of offence but now it is 3 and half years old. So after six points on my license, will DVLA revoke my license or because hearing was only yesterday so i should be fine?

Your help will be much appreciated.

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Sat 4 Nov 2017 11:42
S172 Offence appeal against magistrate decision - RT

They must have sent you 10's of letters by Royal Mail on this matter, from the first NIP onwards - if DVLA had your correct address, they can't ALL have failed to reach you.

As well as letters asking for the S172 information you'd have been sent letters about the initial court case.

Others may offer more help but I think you're "banged to rights"

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Sat 4 Nov 2017 12:33
S172 Offence appeal against magistrate decision - Middleman

I think you have recived comprehensive advice on the other forum in which you posted your problem.

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Sat 4 Nov 2017 15:16
S172 Offence appeal against magistrate decision - Dwight Van Driver

So 6 points on your Licence with effect from judgement of 3rd November 2017.

You say you have had Licence more than 3 years.

Disqualification for a new driver who amases 6 or more points within 2 years of passing test. This it would seem puts you out of a disqualification.

There is a route of appeal to Crown Court from Mgs Court against conviction as you did not plead guilty.An involved process that has a time limit to start from date of conviction which you would if wise require legal advice which will cost. Unless you have compellling evidence, not disclosed, I cannot see you will be successful.

As other has said........consider taking the rap.

dvd

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Sat 4 Nov 2017 20:01
S172 Offence appeal against magistrate decision - Middleman

This it would seem puts you out of a disqualification.

No it would not. The offence was committed one year and nine months after he passed his test. That aside, disqualification is not a sanction available under the New Drivers' Legislation. It calls for the revocation of the driver's full licence. Six points within two years of passing his first test sees the driver's ful licence revoked. He would not be disqualified from driving. He could apply for a new provisonal licence and could drive as soon as he has it (subject to its conditions, of course).

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Sun 5 Nov 2017 16:26
S172 Offence appeal against magistrate decision - Dwight Van Driver

Wrong choice of words middleman should have said revoked not disqualified

Under the Road Traffic (New Drivers) Act, any driver who gets six or more penalty points within two years of passing your test will have their driving licence revoked. This includes any penalty points given before they passed their test.

dvd

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